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Bond set at $500,000 for Loveland shooting suspect

A released arrest affidavit details allegations against Cody Alan Powell

By Jessica Maher

Reporter-Herald Staff Writer

Posted:
03/06/2014 10:28:08 AM MST

Powell

A Larimer County magistrate set bond at $500,000 Wednesday for the Loveland man arrested in connection with the shooting of a police officer.

Cody Alan Powell, 23, is being held at Larimer County Detention Center and appeared before Magistrate Matthew Zehe in the 8th Judicial District Court via video conference Wednesday afternoon.

Powell answered "yes sir" and "no sir" to Zehe's questions of whether he watched the advisement video or had any questions, respectively.

Larimer County District Attorney Cliff Riedel requested bond set at $1 million, citing the seriousness of the allegations against Powell.

Powell turned himself in to police on Tuesday in connection with the Sunday shooting of Loveland police officer Garret Osilka. He was arrested on suspicion of attempted first-degree murder of a peace officer and first-degree assault.

"We believe the suspect is a significant threat to the public safety if he is out of custody," Riedel said in court.

If Powell is released on bond, conditions of his release will include electronic home monitoring, said Zehe, who also ordered Powell to stay away from Osilka.

Allegations Detailed

According to an arrest affidavit filed Tuesday, police believe Osilka was shot by a 12-gauge shotgun during the traffic stop on Sunday at 7:48 p.m. Osilka pulled a blue Jeep Cherokee over at 17th Street and North Wilson Avenue for displaying unreadable license plates.

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When Osilka approached the driver's side of the Jeep, he was shot by a person from within the car, according to the arrest affidavit.

The Jeep fled from the scene but was located on West 29th Street by the Loveland Golf Course minutes later by another Loveland officer, who reportedly lost contact with the vehicle as it turned off of 29th Street and onto Antero Drive.

Police found the Jeep abandoned on Aspen Drive and Taft Avenue. The keys were in the ignition of the vehicle and there appeared to be a fired shotgun round in the front passenger's seat of the Jeep, according to the arrest affidavit.

The arrest affidavit alleges that the Jeep, which had been taken from Kar Kare auto body shop where Powell worked as a painter, led police to Powell.

Police searched Kar Kare of First Street in Railroad Avenue in Loveland on Monday with consent of the shop owner. Kar Kare staff reportedly showed detectives DC brand "skater shoes" that Powell used while working in the shop. The shoe sole patterns matched the impressions in the paint booth where Cody worked and the impressions found in the snow at Kar Kare where the Jeep had been parked.

According to the arrest affidavit, Powell stayed with a friend in south Fort Collins from Sunday to Monday. Powell's friend, identified in the arrest affidavit as Melany Schinke, reportedly told police that Powell called her from Loveland around 8 p.m. Sunday and asked her to pick him up.

Schnike told police that she and her mother picked Powell up at 29th Street and Butternut Avenue. The arrest affidavit alleges that Powell's cellphone records showed that he'd been in the area around the shooting and then in south Fort Collins on Sunday night.

When Powell was in police custody, officers reportedly found a shotgun in a backpack along with a cellphone and black "beanie" type cap similar to one Osilka reported that the driver of the Jeep had been wearing.

Ongoing Investigation

While Osilka continues to recover from his injuries in a local hospital, police said the investigation into the shooting is ongoing.

Around 10:30 a.m. Wednesday, the Loveland Police Department and Larimer County Sheriff's Office conducted a high-risk stop at Interstate 25 and U.S. 34 in Loveland.

The traffic stop was made in connection to the ongoing investigation, and sheriff's office spokesman John Schulz said the passenger of the vehicle was a person of interest in a Loveland case. The driver, 24-year-old Brian Robert Vohs of Loveland, was arrested by the sheriff's office on suspicion of DUI, unlawful possession of a controlled substance and possession of drug paraphernalia.

The passenger, William Richard Brown, 21, of Loveland, was turned over to Loveland police and arrested on unrelated warrants alleging failure to comply.

Loveland Police Lt. Rick Arnold would not comment on the ongoing investigation or what led officers to Brown, though he stressed that "there is no current indication of any identifiable risk or threat to the general public."

Powell, who was appointed legal representation Wednesday from the Office of the Colorado State Public Defender, is scheduled for his first appearance in 8th Judicial District Court at 8:30 a.m. on March 13.

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